Reflecting on Her Tenure as Chair of the Sanctions Board
ÐÓ°ÉÂÛ̳ Group (WBG) Sanctions Board is an independent accountability body that serves as the second and final tier of the WBG Sanctions System. It issues non-appealable decisions on cases involving sanctionable misconduct in WBG-financed projects.
We had the opportunity to speak with Maria Vicien Milburn
Q: As the first woman to chair the Sanctions Board, how did you navigate the challenges and opportunities that came with this historic role?
A: I was very proud of becoming the first woman to chair the Sanctions Board. From the outset, I recognized the importance of the role ¨C not only because of the significant responsibilities of a Chair, but also because of the model I would serve for all women aspiring to leadership positions in international organizations and on the global stage.
I was fortunate that my many years of experience working at the United Nations (UN) system ¨C first as Director of the UN General Legal Division and then General Counsel of UNESCO ¨C had prepared me well for this role. In fact, serving at the Sanctions Board felt like a natural extension of this work. For instance, the UN Procurement Department was one of our principal ¡°clients¡± in the General Legal Division, and my office frequently provided advice on many complicated procurement matters. This allowed me to very effectively manage the many similar procurement-related issues before the Sanctions Board. In addition, I was responsible for the coordination between the UN and the Independent Inquiry Committee into the Oil For Food Programme, which entailed assessing alleged corrupt practices by companies involved in the Programme and by UN staff. This made me acutely aware of the importance of integrity in the operations of an international organization.
This experience helped me approach the WBG¡¯s sanctions cases with a strong foundation in accountability and due process, even though the institutional contexts were different. But more than that, it also prepared me to lead the Sanctions Board fairly and effectively. The fact that I was the first woman in the position added the additional responsibility, and opportunity, to inspire the next generation of women in international organizations.
Q: What were some of the biggest challenges you faced during your tenure?
A: My colleagues on the Board came from all around the world and brought a range of professional experiences, legal traditions, and cultures. I had the pleasure of working with top private sector professionals with experience at law firms, arbitration practices, and other institutions. Given my own experience with the UN, one of my objectives was to ensure that the wider membership reviewed cases with an understanding of the operations of international organizations, the parameters of our mandate under the WBG?s constituent instruments, the WBG¡¯s nuanced sanctions framework, and relevant principles of public international law.
More generally, I welcomed the challenge of building consensus across the Board. From the earliest cases I reviewed, I noted that our approaches to corrupt conduct were diverse, stemming from various perceptions of corruption in different legal systems. The challenge was to harmonize these perspectives and seek agreement to provide cogent decisions that would constitute clear and logically sound precedents for the benefit of all stakeholders, including future Boards.
Finally, I would like to mention our handling of the COVID-19 pandemic, with the invaluable support of the Secretariat. Given government-mandated restrictions, office closures, and bans on in-person gatherings, we had to swiftly transition to an all-virtual format for hearings and deliberations. This shift required a tremendous amount of flexibility, determination, and ingenuity. Our commitment to ensuring the timely review of sanctions cases and the adequate hearing of parties remained unwavering. Despite the logistical hurdles, we maintained our standards of fairness and due process, issuing decisions promptly and upholding the core principles of the WBG¡¯s sanctions framework.
Q: How did your role as Chair influence the direction of the Sanctions Board's work?
A: As Chair, I played a key role in directing the work of the Sanctions Board. This involved presiding at sessions, assigning the panel chair and panel members for each case, and ensuring that our reviews were conducted with due diligence, efficiency, and care. Above all, my priority was to uphold fairness and due process.
Due process has guided my career in dispute resolution ¨C first at the UN and now, as an arbitrator in commercial or investment disputes. It is a fundamental principle that parties in a proceeding must be given a fair opportunity to be heard and present their case. In the WBG Sanctions System, this right is accorded through written submissions and an oral hearing. By safeguarding the principles of fairness, impartiality, and independence in every decision, and by fostering a collaborative environment, we ensured that all parties were heard and felt that they were treated fairly ¨C regardless of the outcome. These efforts allowed us to protect the integrity of the Sanctions System while contributing to the WBG's good governance, accountability, and rule of law.
Q: Can you share some insights on the significance of the Sanctions System for the ÐÓ°ÉÂÛ̳ Group's operations and its impact on the global community?
A: During my tenure on the Board, it became increasingly apparent that the Sanctions System is indispensable to protect the integrity of WBG operations and to ensure that WBG funds are only used for their intended development purposes. Through sanctions, the WBG creates both negative incentives to discourage the sanctioned party and others from engaging in future misconduct, and positive incentives to encourage prevention, remediation, and rehabilitation.
Equally important, the Sanctions System also establishes procedural guardrails to ensure that all parties are treated fairly under coherent, transparent standards. For example, it provides private parties accused of fraud or corruption with a forum to present their case and, where appropriate, clear their names. These standards are essential for upholding access to justice and safeguarding private parties from potential unfairness ¨C but they also reinforce the legitimacy and legality of the Sanctions System as an accountability mechanism that meets the requirements of a quasi-judicial process. From an institutional perspective, this helps to protect the privileges and immunities accorded to the WBG to perform its functions worldwide. International organizations have been conferred privileges and immunities to perform their functions by their founding treaties. These immunities are necessary and essential for the independent performance of their mandates. That said, organizations are also required to provide accountability mechanisms, like the WBG Sanctions System, to ensure accountability and the fair resolution of disputes.
More broadly, the WBG Sanctions System has become a global leader among multilateral development banks in promoting integrity and due process across all stages of sanctions proceedings. Its rigorous framework has helped shape international standards, foster cooperation among MDBs, and reinforce the role of accountability systems in advancing development outcomes and the rule of law.
Q: As you conclude your service, what message would you like to leave for your colleagues and the next generation of leaders within the ÐÓ°ÉÂÛ̳ Group?
A: I leave with deep gratitude for the opportunity to have served. To my colleagues and the next generation of leaders, I encourage you to continue to uphold the principles of integrity, independence, and fairness that define the Sanctions System. These values are essential not only to the system itself, but to the broader mission of development. International institutions matter and, together, we can continue to defend the rule of law and build institutions that are just, effective, and capable of driving meaningful change.
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* Ms. Milburn kindly offered this interview in her personal capacity. The views and opinions expressed in this piece are her own, not necessarily reflecting those of the WBG, its management, or any member governments.